Access Examination

Under the Archives Act 1983, all records are available to be accessed by the public once they enter the open access period unless they contain material that falls into certain exemption categories under section 33 of the Archives Act.

We understand that the delay in examining records may mean that some researchers no longer require access to the records they requested. If you no longer need the records you have requested, please notify us atref@naa.gov.au.

While most examination is completed within a month, it may take up to 90 days and sometimes longer to examine some files. If we have not given you a decision within 90 days we are deemed to have refused you access and you may appeal.

Once a record has been requested by a member of the public, it needs to be examined before it is released. Certain National Archives’ staff are delegated under the Act to examine records and make decisions about whether they can be released. When reviewing records for any continuing sensitivities, the Archives examiner takes into account which agency created the record, the circumstances under which the information was created or obtained, and the age of the information. To promote objectivity and consistency in decision making, examiners refer to guidelines on the interpretation and application of the Archives Act.

Under section 35 of the Archives Act, the National Archives has formally documented arrangements with agencies responsible for national security, defence, and international relations to provide advice to the Archives on whether information in records remains sensitive.

Under the Act we are required to release as much information as possible. Most records in the open access period are released without any exemptions (96.5%). Only a small percentage are released with some material exempted (3%). Only 0.5% of records are wholly exempted.

If we refuse access, it is usually because the records contain sensitive information or information that is not in the open access period. The information we exempt from public access falls into two broad areas:

Personal information – The National Archives holds many records that document a person's interaction with Government. These records often contain personal information that requires exemption for at least the lifetime of the individual (e.g. medical histories, or details of personal relationships).

Information about the security of the Commonwealth and its residents – The National Archives holds highly-classified records, and consults with the agencies that created these records prior to their release. If the release of information could adversely affect Australia's defence, security or international relations (e.g. details of the design and construction of weapons, or records about intelligence-gathering, or information passed to the Australian government in confidence by a foreign entity) it will be withheld.

If we withhold any information on a record, we provide a statement of reasons to justify the exemption of the information.

Progress in reducing the backlog

In October 2013, the National Archives established a special access examination taskforce in the Canberra office to review and examine overdue applications submitted prior to 1 October 2013. Funding for the Access Examination Taskforce (4FTE) within the DeclassificationUnit, ceased on 31 December 2015.

Prior to the end of December the taskforce during its three iterations resolved more than 66 per cent of the backlog of more than 20,000 applications. As at 30 September 2018, only 5,300 applications submitted prior to 1 October remain to be processed, with just over 4,900 unique records still awaiting examination (there are a number of records that have been requested by more than one researcher). The remaining applications continue to be addressed within business-as-usual operational resources.

Despite concerted efforts, there remain more than 24,500 current applications to be processed by the National Archives. Work continues to streamline processes to improve efficiency and increase the number of items examined.

Examination progress for applications submitted each financial year, as at 31 December 2018

*Year-to-date

Archives Act changes to improve access to Commonwealth records

Every year, the National Archives receives tens of thousands of applications for access to records in its collection. There is currently no limit on the number of applications that can be lodged, or the number of records that can be requested, by any one applicant. A few high volume or complex applications, often lodged by just a handful of individuals, currently tie up the bulk of available resources. This leaves a reduced capacity to process access requests for a small number of records, made by the vast majority of applicants.

Of the almost 25,000 applications currently being processed, more than 12,700 applications were made by only 4 individuals. This accounts for a significant proportion of the applications currently under consideration, as can be seen in the pie chart below.

Breakdown of number of applications – by high volume applicant group – as at 31 December 2018

Recent legislative changes to the Act will enable the National Archives to better manage these high volume applications, freeing up staff to service more low volume access applications and proactively examine more records for public release. The changes will come into effect on 25 April 2019, six months from Royal Assent on 25 October 2018.

The key changes are:

extending the timeframe within which the National Archives is required to respond to applications for access from 90 calendar days to 90 business days

providing the Director-General of the National Archives with the ability to extend the timeframe for processing applications for access by mutual agreement with the applicant

giving the Director-General of the National Archives the power to extend the timeframe for processing applications for access where more than 25 records are requested in accordance with a formula set out in the legislation

extending the timeframe for the National Archives to respond to an application for internal reconsideration from 14 calendar days to 30 business days

other amendments of an administrative nature that do not affect rights of access to records.

SP414/1, 1940/229 PART 5 - TRAUTWEIN, Theodore Charles - appeal book â€“ in the High Court of Australia New South Wales Registry â€“ on appeal from the Federal Court of Bankruptcy â€“ District of New South Wales and the Capital Territory - appellant Harold Roy Williams â€“ responde

SP414/1, 1940/229 PART 13 - TRAUTWEIN, Theodore Charles â€“ motion by official receiver under Section 76 of the Bankruptcy Act 1942-1933 â€“ judgement by J Lukin; application for release from custody before his Honor Justice Lukin; application for an order of discharge â€“ Judgement

SP414/1, 1940/229 PART 4 - TRAUTWEIN, Theodore Charles - documents referred to in the summary of steps taken in the Federal Court of Bankruptcy and the High Court of Australia in connection with a notice of motion by the Official Receiver against Theo William Nugent Trautwein â€“ f

SP414/1, 1940/229 PART 5 - TRAUTWEIN, Theodore Charles - appeal book â€“ in the High Court of Australia New South Wales Registry â€“ on appeal from the Federal Court of Bankruptcy â€“ District of New South Wales and the Capital Territory - appellant Harold Roy Williams â€“ responde

SP414/1, 1940/229 PART 6 - TRAUTWEIN, Theodore Charles â€“ estate of â€“ creditorsâ€™ petition presented on 4 September 1940 â€“ sequestration order made on 23 September 1940 â€“ state of affairs instructions issued on 23 September 1940 â€“ 1 Order of High Court â€“ Judgement by Cl

SP414/1, 1940/229 PART 13 - TRAUTWEIN, Theodore Charles â€“ motion by official receiver under Section 76 of the Bankruptcy Act 1942-1933 â€“ judgement by J Lukin; application for release from custody before his Honor Justice Lukin; application for an order of discharge â€“ Judgement

SP414/1, 1940/229 PART 4 - TRAUTWEIN, Theodore Charles - documents referred to in the summary of steps taken in the Federal Court of Bankruptcy and the High Court of Australia in connection with a notice of motion by the Official Receiver against Theo William Nugent Trautwein â€“ f

A1877, 6 JULY 1969 FIELD D W - FIELD Derek William born 8 December 1933; Joyce Ann (nee Taylor) born 10 November 1935; Tina Maria born 11 September 1957; George born 20 May 1959; Derek born 21 October 1960; Roy David born 31 October 1962; Robert born 12 August 1965; travelled per aircr

A1877, 14/05/1952 CHITRAL POTTS J - POTTS James born 4 December 1924; Margaret (nee Holland) born 15 May 1929; Steven born 28 January 1951; travelled per CHITRAL departing UK on 14 May 1952 under the Assisted Passage Migration Scheme

A1877, 08/10/1960 FAIRSKY WILLIAMS A I - WILLIAMS Albert Ivor born 6 May 1913; Lilian (nee Henry) born 11 April 1922; Patricia Ann born 3 July 1946; Joyce May born 25 April 1950; June Beatrice born 10 June 1951; Carol Jean born 15 December 1952; Rosina Florence born 18 February 1957; travelled p

A14018, 1996/1712 - Cabinet Submission - National Inquiry into Separation of Aboriginal and Torres Strait Islander Children from their Families

A14018, 1997/2017 - Cabinet Submission - Government's Response to the Human Rights and Equal Opportunity Commission (HREOC) Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander (ATSI) Children from their Families

A1877, 16/04/62 FAIRSKY GRICE E R - GRICE Ena Ruby born 1 January 1914; Barry John born 12 February 1942; Adrian David born 8 December 1944; Garth born 20 March 1945; Beverley Dawn born 29 March 1950; travelled per FAIRSKY departing UK on 16 April 1962 under the Assisted Passage Migration S

A1877, 15/12/1960 FAIRSKY MURPHY F - MURPHY Francis born 7 December 1933; Glenda (nee Ormson) born 6 February 1934; Christina born 28 May 1958; Terence David born 3 March 1960; travelled per FAIRSKY departing Southampton on 15 December 1960 under the Assisted Passage Migration Scheme

A1877, 14/06/1965 FAIRSKY SHORT S F - SHORT Sidney Frederick born 23 December 1927; Betty Evelyn (nee Ruff) born 21 August 1931; Susan Marilyn born 3 March 1952; Ronald Arthur born 16 May 1955; Barry John born 16 May 1955; travelled per FAIRSKY departing Southampton on 14 June 1965 under the